Essex County Council
- Date 14 August 2020
- Sector Local government
- Decision(s) EIR 12 3: Not upheld, EIR 12.5.b: Not upheld, EIR 13.1: Not upheld
The complainant requested from Essex County Council (“the Council”) information about the Council’s decision-making process and enforcement action relating to a highway encroachment case. The Council disclosed some information in response to the request and withheld the remaining information under regulation 12(5)(b) (course of justice) of the EIR. The Council also provided information which contained some redactions in accordance with regulations 12(3) and 13(1) (third party personal data) of the EIR.
The Commissioner’s decision is that the Council correctly applied regulation 12(5)(b) to most of the withheld information. Where regulation 12(5)(b) was not engaged, the Council correctly applied regulations 12(3) and 13(1) to withhold the remaining information. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2020/0268 dismissed.